A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 24, 2020, the Defendant was charged with the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 24, 2020 and is under trial.

【Criminal Facts】

1. On May 9, 2020, the Defendant driven a unregistered message of about 100 meters in the section from the front of the building B in Nowon-gu, Seoul Special Metropolitan City to the front of the D Special Metropolitan City, the Defendant driven a motorcycle of about 50:5 on May 21, 202, while under the influence of alcohol at about 0.096% in blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No owner of any motor vehicle violating the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven 50 motorcycless that were not covered by mandatory insurance at the time and place specified in the foregoing Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. Reports on the occurrence of a traffic accident, site photographs, actual condition survey report, and photographs;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes written in indictment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, education order, the same criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration of the defendant in this case, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc.